I filed a complaint against the defendant! they had 30 daays to file an answer! they did not in the allotted time, so I filed for a motion for default judgement. while I was filing the motion, the defendants decided to respond almost 30 days past the time limit. The answer the defendants filed was a motion to dismiss. The courts put the motion for default judgement on the back burner and made a court date to hear the motion to dismiss!
2006-12-13 06:39:06 · 3 answers · asked by Shellie A 1 in Politics & Government ➔ Law & Ethics
According to the Federal Rules of Civil Procedure, if the defendant waives personal service, they have 60 days to file a response. So unless you're in a state that has adopted a modification to the FRCP, then the defendants didn't do anything wrong.
2006-12-13 07:13:22 · answer #1 · answered by discmiss1 3 · 0⤊ 0⤋
The law is to give the other person a fair chance to answer. It is in accordinance to the Bill of Rights, Amendment 6, a fair and speedy trial. It was the court's mistake to allow the default judgement to be prolonged due to the defendant's motion for a dismissal. You should talk to your lawyer about it.
2006-12-13 14:50:41 · answer #2 · answered by Wookie on Water 4 · 0⤊ 0⤋
If it is that important then make sure you show up at the hearing for the motion to dismiss. Perhaps the whole problem could be resolved out of court and not waste tax payers dollars on the issue. It really sounds like YOU are getting to technical about something and you are doing this pro se and the other person is pro se also. If you have or hired a lawyer they are making money on you. If not, give it up, it's Christmas.
2006-12-13 14:57:29 · answer #3 · answered by justme 6 · 0⤊ 0⤋